151020_Akina Transcript - Exhibit 1

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    1

    IN THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF HAWAII

    KELII AKINA, KEALII

    MAKEKAU, JOSEPH KENT,

    YOSHIMASA SEAN MITSUI,

    PEDRO KANAE GAPERO, and

    MELISSA LEINAALA MONIZ,

    Plaintiffs,

    vs.

    THE STATE OF HAWAII;

    GOVERNOR DAVID Y. IGE, in

    his official capacity;

    ROBERT K. LINDSEY, JR.,

    Chairperson, Board of

    Trustees, Office of

    Hawaiian Affairs, in his

    official capacity; COLETTE

    Y. MACHADO, PETER APO,

    HAUNANI APOLIONA, ROWENA

    M.N. AKANA, JOHN D.

    WAIHEE, IV, CARMEN HULU

    LINDSEY, DAN AHUNA,

    LEINAALA AHU ISA,

    Trustees, Office of

    Hawaiian Affairs, in their

    official capacities;

    KAMANAOPONO CRABBE, Chief

    Executive Officer, Office

    of Hawaiian Affairs, in his

    official capacity; JOHN D.

    WAIHEE, III, Chairman,

    Native Hawaiian Roll

    Commission, in his official

    capacity; NAALEHU ANTHONY,

    LEI KIHOI, ROBIN DANNER,

    MAHEALANI WENDT,

    Commissioners, Native

    Hawaiian Roll Commission,

    in their official

    capacities; CLYDE W.

    NAMUO, Executive Director,

    Native Hawaiian Roll

    Commission, in his official

    capacity; THE AKAMAI

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    CIVIL NO. 15-00322JMS-BMK

    Honolulu, Hawaii

    October 20, 2015

    9:33 a.m.

    [47] PLAINTIFFS' MOTION FOR

    PRELIMINARY INJUNCTION

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    FOUNDATION; and THE NAI

    AUPUNI FOUNDATION; and DOE

    DEFENDANTS 1-50,

    Defendants.

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    PARTIAL TRANSCRIPT OF PROCEEDINGS

    BEFORE THE HONORABLE J. MICHAEL SEABRIGHT,

    UNITED STATES DISTRICT JUDGE

    APPEARANCES:

    For the Plaintiffs:

    For Defendants Na'i

    Aupuni and The Akamai

    Foundation:

    For Defendant Na'i

    Aupuni:

    For Defendant Office

    of Hawaiian Affairs:

    MICHAEL A. LILLY, ESQ.

    Ning Lilly & Jones

    707 Richards Street, Suite 700

    Honolulu, Hawaii 96813

    ROBERT D. POPPER, ESQ.

    Judicial Watch, Inc.

    425 Third Street, SW

    Washington, DC 20024

    H. CHRISTOPHER COATES, ESQ.

    Law Office of H. Christopher Coates

    934 Compass Point

    Charleston, South Carolina 29412

    WILLIAM MEHEULA, ESQ.

    Sullivan Meheula Lee

    745 Fort Street, Suite 800

    Honolulu, Hawaii 96813

    DAVID J. MINKIN, ESQ.

    McCorriston Miller Mukai MacKinnon

    Five Waterfront Plaza, 4th Floor

    500 Ala Moana Boulevard

    Honolulu, Hawaii 96813

    ROBERT G. KLEIN, ESQ.

    McCorriston Miller Mukai MacKinnon

    Five Waterfront Plaza, 4th Floor

    500 Ala Moana Boulevard

    Honolulu, Hawaii 96813

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    APPEARANCES (Cont'd.):

    For Defendant Office

    of Hawaiian Affairs:

    For the State

    Defendants:

    Also Present, for

    Proposed Intervenor-

    Defendants Samuel L.

    Kealoha, Jr., Virgil

    E. Day, Josiah L.

    Hoohuli, Patrick L.

    Kahawaiolaa and Melvin

    Hoomanawanui:

    Official Court

    Reporter:

    KANNON SHANMUGAM, ESQ.

    ELLEN E. OBERWETTER, ESQ.

    Williams & Connolly LLP

    725 Twelfth Street, N.W.

    Washington, D.C. 20005

    DONNA H. KALAMA, ESQ.

    ROBERT NAKATSUJI, ESQ.

    Deputy Attorneys General

    Department of the Attorney

    General, State of Hawaii

    425 Queen Street

    Honolulu, Hawaii 96813

    WALTER R. SCHOETTLE, ESQ.

    Walter R. Schoettle, a Law Corp.

    1088 Bishop Street, Suite 1304

    P.O. Box 596

    Honolulu, Hawaii 96809-0596

    Cynthia Fazio, RMR, CRR

    United States District Court

    P.O. Box 50131

    Honolulu, Hawaii 96850

    Proceedings recorded by machine shorthand, transcript produced

    with computer-aided transcription (CAT).

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    TUESDAY, OCTOBER 20, 2015 9:33 A.M.

    * * * * *

    (Start of partial transcript:)

    THE COURT: There was a motion and I don't know

    exactly what it was.

    MR. POPPER: Is that the Kingdom of Hawaii?

    THE COURT: Right. I mean it could be read as a

    motion to intervene when you look at the conclusion and what is

    being sought.

    MR. POPPER: Your Honor, as I understood it, the

    Kingdom of Hawaii, such as it is --

    THE COURT: I think his lawyer, their lawyer, if they

    are an entity, is here.

    Are you seeking any ruling from me? You're Mr.?

    MR. SINKIN: Sinkin.

    THE COURT: Sinkin. It's a little unclear to me based

    on what you filed if you're seeking from me anything in

    particular or if it's a notice, as you put it in your caption I

    believe.

    MR. SINKIN: It was a notice and intended to put the

    Court -- to make the Court aware of what we consider to be a

    missing indispensable party which would have jurisdictional

    implications for this case.

    THE COURT: Right. Okay. But you're not asking to

    intervene, you're not asking anything of that sort --

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    MR. SINKIN: We're not asking to become a party.

    THE COURT: You're not asking to become a party.

    MR. SINKIN: No.

    THE COURT: All right. So I don't think I need

    anything from -- unless I ask for it from anybody. All right?

    All right. Anything further? No. Thank you all very

    much.

    MR. MEHEULA: Thank you.

    (The proceedings concluded at 1:52 p.m.,

    October 20, 2015.)

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    COURT REPORTER'S CERTIFICATE

    I, CYNTHIA FAZIO, Official Court Reporter, United

    States District Court, District of Hawaii, do hereby certify

    that pursuant to 28 U.S.C. 753 the foregoing pages is a

    complete, true, and correct transcript of the stenographically

    reported proceedings held in the above-entitled matter and that

    the transcript page format is in conformance with the

    regulations of the Judicial Conference of the United Stated.

    DATED at Honolulu, Hawaii, October 24, 2015.

    _/s/ Cynthia Fazio

    CYNTHIA FAZIO, RMR, CRR